Paying a Price, Facing a Fine, Counting the Cost: The Differences that Make the Difference

Ratio Juris 28 (3):372-391 (2015)
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Abstract

In this paper I show that penalties are not prices, and explain why the difference matters. In section one, I set up the problem which the following two sections will solve: namely, that it is easy enough to make certain kinds of penalties look just like prices. In section two, I lay out and dismantle an argument for reducing the former to the latter; and in section three I dismantle an argument for taking penalties and prices to be pragmatically equivalent, on the grounds that the essential function of both is to attach costs to actions

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Mark Migotti
University of Calgary

References found in this work

An Introduction to the Principles of Morals and Legislation.Jeremy Bentham - 1780 - New York: Dover Publications. Edited by J. H. Burns & H. L. A. Hart.
Leviathan.Thomas Hobbes - 2006 - In Aloysius Martinich, Fritz Allhoff & Anand Vaidya (eds.), Early Modern Philosophy: Essential Readings with Commentary. Blackwell.
Corrective justice.Ernest Joseph Weinrib - 2012 - Oxford, United Kingdom: Oxford University Press.

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